Handbook Revision, April 10, 2019

This revision of the Adult Protective Services Handbook was published on April 10, 2019. Summaries of new or revised items are provided below.

APS FY2019 Second Release (PATS 11522)

APS releases policy revisions twice a year, and this is the second release for Fiscal Year 2019. The changes are generally small and address requests from external stakeholders and regional staff. This revision does as follows:

  •   Adds procedure for investigating past financial exploitation when it affects the alleged victim’s ability to qualify for long-term care coverage from Medicaid to pay nursing home costs.

  •   Adds procedure for closing CRSRs.

  •   Adds procedure for notifying the alleged perpetrator of the allegations and APS’s authority to investigate.

  •   Adds procedure stating when to refrain from interviewing the alleged perpetrator.

  •   Clarifies who is considered a caretaker for the purpose of completing the assessment tools.

  •   Clarifies procedure that when multiple contacts are made during one visit, they are documented as one safety contact or service contact.

  •   Adds procedure for approval of cases on a supervisor’s or designee’s workload.

  •   Clarifies that the conclusion summary of the investigation is documented before closing the Investigation stage.

  •   Adds procedure for completing both approvals within 10 calendar days, when two are required.

  •   Adds procedure that immediately after merging cases, the APS specialist completes the Strengths and Needs Reassessment.

  •   Clarifies that Moderate Risk cases are not required to progress to Intensive Case Services.

  •   Clarifies that cases in which APS is paying for nursing home care while waiting for Medicaid approval are progressed to Maintenance.

  •   Clarifies the role of community engagement specialists, who used to be resource external relations specialist (RERS) and community initiatives specialist (CIS) subject matter experts.

  •   Restructures information in sections about noncitizens.

  •   Clarifies that Form 2203 Noncitizen Worksheet is only completed when the client needs long-term care services or other federal benefits.

  •   Adds reference links to the Texas Secretary of State’s website.

  •   Adds that APS may sign nursing home forms as DFPS representative, as needed.

  •   Adds requirements for signatures when completing a purchase order for placement services (POPS).

  •   Clarifies that APS staff must contact DFPS contract staff before authorizing or obtaining goods or services that cost more than $5,000.

  •   Adds procedure for management approval of purchased client services (PCS), including approval for PCS services that continue longer than the initial 60 calendar days.

  •   Clarifies that the approver is responsible for changing the time and date on the Service Authorization form when approval is given before a staff member completes the authorization form. 

  •   Clarifies that Form 2289 Applied Income Payment Agreement is no longer required when APS agrees to pay the client’s portion of applied income to a residential facility.

  •   Adds procedure for consulting the regional attorney, if possible, when seeking an emergency detention order.

  •   Clarifies information about requests for records and what the records might include.

  •   Adds references to the Texas Administrative Code (TAC) to identify who is entitled to the APS case record.

  •   Adds procedure for redacting the client’s HIV or AIDS status before releasing case records, including those released to law enforcement.

  •   Adds procedure for approval before notifying any licensing board.

  •   Clarifies which state agency has jurisdiction over various types of settings, and clarifies contact information for agencies outside DFPS.

See:

1340 Allegations That APS Investigates

1341 Procedure for Assessing Allegations

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1700 Case-Related Special Requests

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1720 Procedures for Handling CRSRs

1730 Documenting the CRSR

1740 Closing the CRSR

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2241 Procedure for Initial Face-to-Face Contact With with the Alleged Victim

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2271 Procedure for Referrals to Law Enforcement

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2341.13 Conducting the Interview With with an the Alleged Victim

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2342.1 Procedure for Interviewing the Alleged Perpetrators

2342.2 Procedure for Not Interviewing the Alleged Perpetrator

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2411 Procedure for Completing the Safety Assessment Safety Assessment

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2511 Procedure for Safety Contacts

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2673 Investigations Involving Residents of Nursing Homes Nursing Home Residents

2673.1 Procedure for Investigations of Involving Allegations of Financial Exploitation of Against a Resident of a Nursing Home

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2810 Procedure for Completing the Risk of Recidivism Assessment Risk of Recidivism Assessment (RORA)

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2910 Procedure for Investigation Closure

2920 Documentation When Closing the Investigation Investigation Stage

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2921.2 Procedure for Supervisory Review of Investigation Investigation Stage Closure

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3221 Procedure for Completing a Strengths and Needs Assessment Strengths and Needs Assessment (SNA)

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3241 Procedure for New Intakes Reports Received During the Intensive Case Services Intensive Case Services Stage

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3261 Service Contacts

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3281 Procedure for Case Closure During Service Delivery

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3284 Supervisor Review of Case Closure

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3300 Maintenance Cases

3400 Community Resources

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3520 Service Delivery to Non-Citizens Noncitizens

3521 Non-Citizens Noncitizens and Use of PCS Funds

3522 Service Delivery to a Non-Citizen Who Has Current Noncitizen with a Permanent Resident Card or Other Appropriate Immigration Documents

3523 Service Delivery When a Non-Citizen Is Noncitizen Without Appropriate Immigration Documents

3524 Change of Changing Immigration Status and Referring Clients to Local Agencies

3525 Working with The Mexican Consulate Mexico and El Desarrollo Integral de la Familia (DIF)

3526 Consulates of Other Countries Other Than Mexico

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3540 Financial Exploitation and Medicaid Eligibility

3541 Financial Exploitation of Income and Medicaid Eligibility

3542 Financial Exploitation of Resources and Medicaid Eligibility

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3551 APS Role in Completing Hospital and Nursing Home Admission Forms

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3612.1 Placement Procedures

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3621 Claims Processing

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3650 Procedure for Obtaining Approval for Purchased Client Services

3651 Documenting Procedure for Obtaining Approvals for Purchased Client Services

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3693.1 Procedure for Payment of Applied Income

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4811 Use of an Emergency Detention for an APS Client

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5110 Providing the Case Record

5111 People Individuals and Entities Entitled to the Case Record

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5112.1 Procedure for Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys

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5125 Confidentiality of People Persons Who Are HIV-Positive or Have AIDS

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5420 Due Process for Non-EMR (Employee Misconduct Registry) Cases

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5426.3 Release of APS Findings to Professional Licensing Boards, Commissions, and Other Agencies

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Appendix II: Facilities and Jurisdictions